2006-03 Blue Heron Golf Cart UsageRESOLUTION NO. 06 -03
A RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA, AUTHORIZING THE USE OF GOLF CARTS ON
CERTAIN CITY STREETS OR RIGHTS -OF -WAY PURSUANT
TO THE PROVISIONS OF FLORIDA STATUTE 316.212;
PROVIDING FOR COMPLIANCE WITH STATUTE;
PROVIDING FOR PLACEMENT OF SIGNS, PROVIDING
FOR LIMITATION OF LIABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the residents of the area of the City of Okeechobee known as Blue Heron
have petitioned the City Council to consider designating the principle roadway
through their subdivision as suitable for golf cart use, which may be permitted under
Florida Statute 316.212; and
WHEREAS, the community of Blue Heron is primarily a golf community with an 18 hole
course; is situated where the city streets terminate at Taylor Creek; has no through
traffic; does not adjoin or abut any roads in the state highway system; has a limited
volume of traffic consisting nearly entirely of its own residents; has a posted speed
limit of 25 m.p.h.; and
WHEREAS, the City Staff, including Okeechobee Police Department have examined the
area in Tight of the mandates of Florida Statute 316.212, and determined that golf
cart traffic would be suitable in the area, and that such carts, so long as the
requirements of Florida Statute 316.212 are adhered to, could operate safely in the
area; and
WHEREAS, the City reserves the right to rescind this resolution in its discretion should it
be determined that unforeseen problems arise that makes it appear such golf cart
traffic is detrimental to the City, its residents, or the inhabitants of Blue Heron;
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
THAT the City of Okeechobee, Florida herewith determines the City street or rights
of -way in the Blue Heron subdivision is an area where golf carts may be safely
operated, so long as the carts and operators comply with all requirements of Florida
Statutes 316.212.
THAT golf carts may be used on the following city streets: Southeast 9th Drive,
Southeast 14 Court and Southeast 15 Street located in the Oaks Subdivision of
Blue Heron; also, Southeast 9 Avenue, South from the Oaks, Southeast 21' Street
and Southeast 23 Street in Blue Heron.
THAT such golf cart use shall not commence until the Homeowners Association at
Blue Heron purchase the appropriate warning signs as required by statute, and
such signs are posted according to the guidelines of the City Public Works
Department.
THAT the use of golf carts on these designated streets shall be in strict compliance
with all the requirements of Florida Statute 316.212.
THAT any violation of statute is subject to the issuance of a civil infraction issued
by law enforcement.
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THAT by this determination and resolution the City of Okeechobee expressly retains
its rights and obligations under sovereign immunity laws of the State of Florida, and
assumes no liability to whomever should elect to operate a golf cart on the
designated streets and rights -of -way set out herein.
INTRODUCED AND ADOPTED by the City of Okeechobee, this 7th day of
February, 2006.
ATTEST:
k( /`Zl i-
Lane Gamiotea /CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
Jo n R. Cook, City Attorney
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James E. Kirk, Mayor